Aviation Legislation
Aviation Legislation
AVIATION
LEGISLATION
Pa
g.
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means, including photocopying, recording, or other electronic or mechanical methods, without the prior written
permission of the publisher.
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Table of
Contents
1. Regulatory Framework
2. Part 66 Certifying Staff
3. Approved Maintenance Organizations
4. Air operations
5. Certification of aircraft, parts and
appliances
6. Continuing airworthiness
7. National regulations
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Chapter 10.1
REGULATORY
FRAMEWORK
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Role of
ICAO
International Civil Aviation Organization
(ICAO)
Role of ICAO
1. The ASSEMBLY: it is composed by the Member States and meets every 3 years
to
review documents, define policies for future years and approve budgets;
2. The COUNCIL: it is elected by the Assembly and remains in office for 3 years.
It is composed by representatives of 36 countries. The Council is the main
governing body; it manages the Agency’s work and updates the Annexes with
standards and Agency’s recommendations, leveraging the expertise of
technical directorates;
3. The SECRETARIAT: it is composed by the permanent framework of
professionals; and it is divided into five main divisions: the Air Navigation
Bureau, the Air Transport Bureau, the Technical Co-operation Bureau, the
Legal Bureau, and the Bureau of Administration and Services;
The chief officers
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Role of ICAO
International Civil Aviation Organization (ICAO) establishes and updates the
annexes:
Annex 1 – Personnel
Licensing Annex 2 – Rules
of the Air
Annex 3 – Meteorological Service for International Air
Navigation Annex 4 – Aeronautical Charts
Annex 5 – Units of Measurement to be Used in Air and Ground
Operations Annex 6 – Operation of Aircraft.
Annex 7 – Aircraft Nationality and Registration
Marks Annex 8 – Airworthiness of Aircraft
Annex 9 – Facilitation: it defines and regulates the Crew Member Certificate. It also covers the transportation of
passengers with disabilities and expresses recommended practices for the accessibility of airports and aviation
transport in general
Annex 10 – Aeronautical
Telecommunications Annex 11 – Air
Traffic Services
Annex 12 – Search and Rescue
Annex 13 – Aircraft Accident and Incident Investigation
Annex 14 – Aerodromes: With respect to safety of operations, the annex 14 states in detail and thoroughly the
facilities of airport; this annex states in detail and thoroughly the requirements and standards of the airport facilities,
in order to ensure safety operations
Annex 15 – Aeronautical Information Services
Annex 16 – Environmental Protection: it lays down rules for the certification of aircraft in reference to the better
protection of the environment in terms of noise pollution and discharges of liquids (oils and fuels)
Annex 17 – Security - Safeguarding International Civil Aviation against Acts of Unlawful Interference: it prescribes the
necessary steps to prevent
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Role of
ICAO
In addition to the annexes, ICAO publishes standards and guidance documents
including the most relevant Docs, which are explanatory of some annexes.
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Role of European
commission
● The European Union was established after the Second World War to bring
peace,
stability and prosperity in Europe.
● The EU is more than just a confederation of countries, but it is not a federal
state.
● It is a unique economic and political partnership between 27 democratic
European countries.
● Regulations, directives, decisions and recommendations adopted by the EU
are the result of work of the institutional triangle consisting of:
1. European Parliament
2. Council of the European Union
3. European Commission
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Role of European
commission
● The European Parliament: it is the elected body that represents the EU’s
citizens. It exercises political supervision over the EU’s activities and takes
part in the legislative process.
● The Council of the European Union (also known as the Council of Ministers): it
is the EU’s main decision-making body. The EU member states take it in turns
to hold the Presidency of the Council for a period of six months. Every Council
meeting is attended by one minister from each EU country. The Council has
legislative power, which it shares with the European Parliament under the ‘co-
decision procedure’.
● The European Commission: it is the EU’s executive arm. This means that it is
the only institution that can propose new laws, on which the European
Parliament and Council of the EU then vote.
JAA
JAA
The Joint Aviation Authorities (JAA)
was an association body of the
European Civil Aviation Conference
(ECAC) representing the civil aviation
authorities of Member State which
signed the "JAA Arrangements",
document established in the conference
of Cyprus in 1990.
Role of EASA
● The European Aviation Safety Agency (EASA) is the European Union’s Agency
which has the main role of promoting the highest common standards
of safety and environmental protection in civil aviation.
● The agency was established by the European Parliament Basic Regulation
n.1592/2002 issued on 15/07/2002 (replaced by n.216/2008 and then by
n.1139/2018). This Regulation was done because of the need to provide
common rules to the European civil aviation field on:
1. Safety levels
2. Quality standards
3. Environmental compatibility
4. Goods and services movement
5. Cooperation with third Countries.
Role of EASA
Role of EASA
Chapter 10.2
PART-66 CERTIFYING
STAFF
● Section A: contains the technical requirements that must be satisfied for the
issue of
an aircraft maintenance licence
● Section B: contains the procedures that must be followed by competent
authorities.
● B1 and B2 Staff also acts as required Support Staff for a category C to release
to service aircraft after base maintenance works on Large Aircraft. In fact, for
aircraft classified as Other Than Large not used for commercial transport,
technicians of category B are sufficient.
Section A –Technical
requirements
66.A.20 - Privileges of Certifying
Staff
Section A –Technical
requirements
Chapter 10.3
APPROVED MAINTENANCE
ORGANISATIONS
Introduction
As all the annexes of Regulation 1321/2014, also the Part 145 is structured in
two sections and related appendixes as follow:
1. Section A: concerns technical requirements that must be satisfied for the
issue of an aircraft maintenance licence
2. Section B: contains the procedures that must be followed by competent
authorities
a. Troubleshooting
b. Defect rectification
c. Component replacement with use of external test equipment if required.
Component replacement may include components such as engines and
propellers
d. Scheduled maintenance and/or checks including visual inspections that will
detect obvious unsatisfactory conditions/discrepancies but do not require
extensive in depth inspection. It may also include internal structure, systems
and powerplant items which are visible through quick opening access panels/
doors
e. Minor repairs and modifications which do not require extensive disassembly
and can be accomplished
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Part 145 -
Structure
For temporary or occasional
cases (AD's, SB's) the Quality
Manager may accept base
maintenance tasks to be
performed by organisation
maintenance a line
provided all requirements are
fulfilled as defined by the
competent authority.
● The EASA Form 2 is valid for the application for M.A. Subpart F, Part-145 and
M.A. Subpart G organisations. Organisations applying for several approvals
may do so by using a single EASA Form 2.
The organisation shall appoint an accountable manager who has corporate authority for
ensuring that all maintenance required by the customer can be financed and carried out to the
standard required by this Part.
The accountable manager may be the accountable manager for more than one organisation
and is not required to be necessarily knowledgeable on technical matters as the MOE defines
the maintenance standards
The organisation shall nominate a group of persons, whose responsibilities include ensuring
that the organisation complies with Part-145.
Dependent upon the size of the organisation, the Part-145 functions may be subdivided under
individual managers or combined in any number of ways, and all of whom should report to the
accountable manager except in small Part-145 organisation.
The organisation should have, dependent upon the extent of approval, the following managers:
● Base Maintenance Manager: he/she is responsible for ensuring that all maintenance
required to be carried out in the hangar, plus any defect rectification carried out during base
maintenance, is carried out to the design and quality standards. The Base Maintenance
Manager is also responsible for any corrective action resulting from the quality compliance
monitoring
● Line Maintenance Manager: he/she is responsible for ensuring that all maintenance
required to be carried out on the line including line defect rectification is carried out to the
standards and also responsible for any corrective action resulting from the quality compliance
monitoring.
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Part 145 -
Structure
145.A.30 – Personnel requirements – Workshop and Quality manager
● The staff referred to in this paragraph shall be given access on request to their personal
records as detailed above.
● The organisation shall provide certifying staff with a copy of their certification
authorisation in either a documented or electronic format.
● Certifying staff shall produce their certification authorisation to any authorised person
within 24 hours.
● The minimum age for certifying staff and category B1 and B2 support staff is 21 years.
The aim of Occurrence Reporting is to identify the factors contributing to incidents, and to
make the
system resistant to similar errors.
The organization shall establish an internal occurrence reporting system as detailed in the
exposition to enable the collection and evaluation of such reports, including the assessment
and extraction of those occurrences to be reported under paragraph (a). This procedure shall
identify adverse trends, corrective actions taken or to be taken by the organization to address
deficiencies and include evaluation of all known relevant information relating to such
occurrences and a method to circulate the information as necessary.
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Part 145 -
Structure
The organisation shall make such reports in a form and manner established by the Agency
and ensure that they contain all pertinent information about the condition and evaluation
results known to the organisation.
Where the organisation is contracted by a commercial operator to carry out maintenance, the
organisation shall also report to the operator any such condition affecting the operator's
aircraft or component.
The organisation shall produce and submit such reports as soon as practicable but in any
case within 72 hours of the organisation identifying the condition to which the report relates.
● The organisation shall establish a safety and quality policy for the organisation.
● The organisation shall establish a Quality System whose the primary objectives are to
enable the organisation to ensure that it can deliver a safe product and that organisation
remains in compliance with the requirements, that includes:
● Independent audits in order to monitor compliance with required aircraft/aircraft
component standards and adequacy of the procedures to ensure that such
procedures invoke good maintenance practices and airworthy aircraft/aircraft
components. In the smallest organisations the independent audit part of the quality
system may be contracted to another organisation approved under this Part or a
person with appropriate technical knowledge and proven satisfactory audit experience
● A quality feedback reporting system to the person or group of persons and ultimately to
the accountable manager that ensures proper and timely corrective action is taken in
response to reports resulting from the independent audits established to meet paragraph
Chapter 10.4
AIR
OPERATIONS
AIR-OPS - introduction
● Regulation (EC) 965/2012 of the European Commission lays down detailed rules for
commercial air transport operations with aeroplanes and helicopters, including ramp
inspections of aircraft of operators under the safety oversight of another State when
landed at aerodromes located in the territory subject to the provisions of the Treaty.
● This new regulation, which is generally known as IR-OPS (Implementing Rules –
Operations), replaces EU-OPS (IR 859/2008). IR-OPS came in to force on 28 October 2012;
however, it is understood that all EASA Member States have been authorized to delay
implementation until October 2014.
● Part OPS.ARO - Authority Requirements for Air Operations - establishes requirements for
the administration and management systems to be fulfilled by the Agency and Member
States for the implementation and enforcement of IR-OPS
● Part OPS.ORO - Organisation Requirements for Air Operations – establishes requirements to
be
followed by an air operator conducting commercial air transport operations
● Part OPS.CAT - Commercial Air Transport Operations - contains general requirements
for commercial air transport operations, including Operating Procedures, Aircraft
Performance, Mass and Balance, instruments and equipment requirements, etc
● Part OPS.SPA - Specific Approvals - contains requirements for specific approvals,
such as Performance-based Navigation, Minimum Navigation Performance (MNPS),
Reduced Vertical Separation Minima (RVSM), Low Visibility Operations (LVO), Extended
Range Twin Engine Operations (ETOPS), Transport of Dangerous Goods (DG), and
certain specified helicopter operations.
MEL
ORO.MLR.105 Minimum equipment list
● An operator shall establish, for each aeroplane, a Minimum Equipment List (MEL)
approved by the Authority. This shall be based upon, but no less restrictive than, the
relevant Master Minimum Equipment List MMEL (if this exists) accepted by the Authority
● An operator shall not operate an aeroplane other than in accordance with the MEL unless
permitted by the Authority. Any such permission will in no circumstances permit operation
outside the constraints of the MMEL.
● The MMEL is usually issued by a design organization (the Type Certificate holder) and
identifies the equipment or functions which may be inoperative for operation. All the items
related to airworthiness not included must be operative, while all non-safety-related
equipment (for example, galleys) is excluded.
● The MEL is issued by the operator, and it may not be less restrictive than the MMEL. In any
case, the MEL must be approved by the certificating authority (NAA). An MEL is similar in
content to the MMEL except that it is specific to a particular operator and to individual
aircraft.
● An operator's MEL must be based on the MMEL for the particular aircraft type and model
which has been approved by the certificating authority which issued the type certificate
used as the basis for type acceptance.
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MEL
● For each item, the MMEL / MEL specify:
CDL
CDL : Configuration Deviation List
● In MMEL / MEL it is also included a specific section, named Configuration Deviation List
(CDL) that is a listing of EASA-approved non-structural external parts that may be missing
but the airplane remains airworthy.
● To qualify an item onto the CDL, a restrictive set of conditions must be met, in order to
assure
that the list remained small and purposeful. Some of these conditions include:
● The effect of the missing part upon adjacent structure and systems (the configuration of
the airplane must not pose an obvious threat to the airplane)
● The effect upon airplane performance (for example, the drag penalty imposed upon the
airplane
when flying with the part missing, and its effect on operating weights)
● The combined effect upon the airplane when more than one CDL item is present on the
airplane (combinations of some items could create a hazardous condition).
● CDL test flights are scheduled into the test plan, and most items on the CDL are qualified
during the initial certification of the airplane and. A list of items, based upon experience
with previous designs, is selected during initial airplane design phase.
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(a) In accordance with ORO.GEN.210(b), the operator shall nominate persons responsible for the management and
supervision of the following areas:
● (1) flight operations;
● (2) crew training;
● (3) ground operations; and
● (4) continuing airworthiness in accordance with Regulation (EC) No 1321/2014
AOC
The most important topic is related to the contents and the conditions of the
Air Operator Certificate (AOC). The management must be performed in
accordance with the scope of the operator.
ETOPS
Chapter 10.5
CERTIFICATION OF AIRCRAFT,
PARTS AND APPLIANCES
Introduction
● The European Regulation (EC) No. 1139/2018 laying down in article 4 (1) that
all aircraft, including the respective products, parts and appliances
installed, if so designed, constructed or registered in a European Union
Member State or registered in a third country but supervised by an operator
from a Member State, or even if registered in a third country and supervised
by an operator from a third country but with traffic to and from a Member
State, must comply with the same rules.
● For parts and appliances these certification may be issued when
specific certifications have proven to meet airworthiness specifications
established to ensure compliance with the essential requirements.
● All organizations design products, parts and appliances shall demonstrate
their skills as well as to be able to assume the responsibilities associated
with the privileges that are recognized through a process of design
organization approval.
Introduction
● As all the annexes of the Implementing Rules, also the Part 21 is structured in
two
sections:
a. Section A: contains the requirements for the applicants and acquired rights
and obligations
b. Section B: contains the procedures for competent authorities.
● Subpart A – General
● Subpart B – Type certificates and restricted type certificates:
● Subpart C – Not applicable
● Subpart D – Changes to type certificates and restricted type certificates
● Subpart E – Supplemental type certificates
● Subpart F – Production without production organisation approval
● Subpart G – Production organization approval (POA)
● Subpart H – Certificate of airworthiness and restricted certificates of
airworthiness
● Subpart I – Noise certificates
● Subpart J - Design organisation approval (DOA)
● Subpart K - Parts and appliances
● Subpart L - Not applicable
● Subpart M – Repairs
● Subpart N - Not applicable
● Subpart O - European Technical Standard Order authorisations (ETSO)
● Subpart P- Permit to fly
● Subpart Q - Identification of products, parts and appliances
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Type Certificate and Supplemental Type Certificate issuing
(Part 21
subparts B, D, E)
● Any natural or legal person that has demonstrated, or is in the process of demonstrating,
its capability in accordance with Part 21 (21.A.14) shall be eligible as an applicant for a type-
certificate or a restricted type-certificate under the conditions laid down in Subpart B.
● The type-certificate and restricted type-certificate are both considered to include the type
design, the operating limitations, the type-certificate data sheet for airworthiness and
emissions, the applicable type-certification basis and environmental protection
requirements with which the Agency records compliance.
● Changes in type design are treated in subpart D.
● Type design changes are classified as follows in two categories:
1. Minor change
2. Major change
● Only the type-certificate holder may apply for approval of a major change to a type design
under this Subpart; all other applicants for a major change to a type design shall apply
under Subpart E for a Supplemental Type Certificate STC.
The certificate of
registration must be
accessible and stored
with other
airworthiness
certificates in the
cockpit. Each aircraft
must have its own
aircraft registration
regulation of the
based on rules
respective country
and of
registration
.
A noise certificate may be amended or modified only by the competent authority of the Member State of registry.
Where ownership of an aircraft has changed:
a) If the aircraft remains on the same register, the noise certificate shall be transferred together with the aircraft
b) If the aircraft moves to the register of another Member State, the noise certificate shall be issued upon
presentation of the former noise certificate.
Chapter 10.6
CONTINUING
AIRWORTHINESS
Introduction
● Continuing airworthiness covers all of the processes ensuring that, at any time
in their operating life, all aircraft comply with the airworthiness requirements
in force and are in a condition for safe operation.
● No aircraft may be operated unless in airworthy condition. Two conditions
must be met before an aircraft can be consider “airworthy”:
● The first condition is attained when required and proper components are
installed, and they are consistent with drawings, specifications and other data
that are part of the Type Certificate, included Supplemental Type Certificates
and approved changes. The second condition is refers to the condition of the
aircraft with relation to wear and deterioration that occurs during its operative
life.
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Introduction
1. Design criteria, that provide the necessary accessibility for inspection and let
the use of established processes and practices for the accomplishment of
maintenance
2. Maintenance requirements, that involves the preparation by the
organization responsible for the type design of the specifications, methods,
procedures and tasks necessary to maintain the aircraft and publication of this
information in a format that can be readily adapted for use by an operator
3. Company Maintenance Programme (CMP), as seen as the adoption by each
operator of specifications, methods, procedures and tasks using the
information provided by the organization responsible for the type design, and
preparing that material in the form of a maintenance programme suitable for
its operation
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Introductio
n
4. Reporting, considering the reporting of defects and other significant maintenance
and operational information by the operator to the organization responsible for the type
design in accordance with the requirements of the State of Registry
5. Defect analysis and rectification, as the analysis of defect, accident and other
maintenance and operational information by the organization responsible for the type
design, the State of Design and the State of Registry and the initiation and transmission
of information and recommended or mandatory action to be taken in response to that
analysis
6. Local compliance, that oblige the operator to review all service information and
take appropriate action
7. Compliance with life limits, that is the accomplishment by the operator of all mandatory
requirements concerning the aircraft with particular reference to fatigue life limits and
any special tests or inspections required by the certification process or subsequently
found necessary to ensure structural integrity
8. Compliance with Structural Inspection Program (SIP), with preparation of and compliance
with Supplemental Structural Inspection Programmes and subsequent requirements
related to aging aircraft.
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Initial Airworthiness (Part-21 provisions) related to
continuing
airworthiness
● The continuing airworthiness functions under Article 20(1)(j) shall be performed in
accordance with the provisions of Annex I to the Basic Regulation and Annex Part 21 to
Commission Regulation (EC) No. 748/2012 laying down implementing rules for the
airworthiness and environmental certification of aircraft and related products, parts and
appliances, in particular its paragraphs,
21.A.3 and 21.A.3B, and the related Acceptable Means of Compliance (“AMC”) and
Guidance Material (“GM”).
● ADs are issued by EASA, acting in accordance with the Basic Regulation on behalf of the
European Community, its Member States and of the European third countries that
participate in the activities of EASA. The dissemination of airworthiness directives to aircraft
owners is a responsibility of the State of Registry and does not belong to the Agency.
● If a certified aircraft has outstanding airworthiness directives that have not been complied
with, the aircraft is not considered airworthy. Thus, it is mandatory for an aircraft operator to
comply with an AD. An AD mandates actions to be performed on an aircraft to restore an
acceptable level of safety, when evidence shows that the safety level of this aircraft may
otherwise be compromised.
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Initial Airworthiness (Part-21 provisions) related to
continuing
airworthiness
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Part M - General
description
● In Europe, Aircraft Maintenance Organizations have to comply with the Annex
I (Part M) of the Regulations document (EC) 1321/2014, which concerns the
measures to be taken to ensure that airworthiness is maintained, including
maintenance. It also specifies the conditions to be met by the persons or
organizations involved in such continuing airworthiness management
● This regulation establishes common technical requirements and
administrative procedures for ensuring the continuing airworthiness of
aircraft, including any component for installation thereto, which are:
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Part M - Structure and
purpose
● As all the annexes of the Implementing Rules, also the Part M is structured in two
a. sections:
Section A: contains the technical requirements that must be satisfied for continuin
the g
b. airworthiness organizations
Section B: contains the procedures that must be followed by competent
authorities.
• Section A and section B are divided in subparts that define specific topics:
1. Subpart A – General
2. Subpart B – Accountability
3. Subpart C – Continuing Airworthiness
4. Subpart D – Maintenance Standards
5. Subpart E – Components
6. Subpart F – Maintenance Organisation
7. Subpart G – Continuing Airworthiness Management Organisation (CAMO)
8. Subpart H – Certificate of Release to Service (CRS)
9. Subpart I – Airworthiness Review Certificate
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Part M - Structure and
purpose
The Part-M also includes eight appendixes as follow:
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Part M Section A - subpart C – Continuing
Airworthiness
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Part M Section A - subpart C – Continuing
Airworthiness
An owner or operator shall ensure that a system has been established
to keep the following records for the periods specified:
1. Information about each flight, necessary to ensure continued flight safety, and;
2. The current aircraft certificate of release to service
3. The current maintenance statement giving the aircraft maintenance status of
what scheduled and out of phase maintenance is next due except that the
competent authority may agree to the maintenance statement being kept
elsewhere, and;
4. All outstanding deferred defects rectifications that affect the operation of the
aircraft
5. Any necessary guidance instructions on maintenance support arrangements.
6. An operator shall ensure that the aircraft technical log is retained for 36
months after the date of the last entry.
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Part M Section A - subpart D/E/F - Maintenance
Standards/
Part M Section A - subpart D – Maintenance Components/Maintenance Organization
Standards This subpart includes the following
topics:
1. The maintenance data (M.A.401)
2. The performance of maintenance (M.A.402)
3. The aircraft defects (M.A.403).
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Part M Section A - subpart G – Continuing Airworthiness
Management
Organisation
● Part M Subpart G of this regulation concerns the management of
continuing airworthiness of EASA aircraft.
● Organisations approved to Part M Subpart G can additionally be approved to
make recommendations to a competent authority that an Airworthiness
Review Certificate (EASA Form 15a) may be issued or in certain cases issue
and extend an Airworthiness Review Certificate (EASA Form 15b) under the
terms of their approval.
● The scope of this subpart is to establish the requirements to be met
by an organisation to qualify for the issue or continuation of an
approval for the management of aircraft continuing airworthiness.
● An application for issue or change of a continuing airworthiness
management organisation approval shall be made on a form and in a manner
established by the competent authority using the EASA Form 2.
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Part M Section A - subpart G – Continuing Airworthiness
Management
● a) The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all
Organisation
continuing airworthiness management activities can be financed and carried out in accordance with this Part.
● b) For commercial air transport the paragraph (a) accountable manager shall be the person who also has
corporate authority for ensuring that all the operations of the operator can be financed and carried out to the
standard required for the issue of an air operator’s certificate
● c) A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is
always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable
manager
● d) For commercial air transport, the accountable manager shall designate a nominated post holder. This person
shall be responsible for the management and supervision of continuing airworthiness activities, pursuant to
paragraph (c)
● e) The nominated post holder referred to in paragraph (d) shall not be employed by a Part- 145 approved
organisation under contract to the operator, unless specifically agreed by the competent authority
● f) The organisation shall have sufficient appropriately qualified staff for the expected work
● g) All paragraph (c) and (d) persons shall be able to show relevant knowledge, background and appropriate
experience related to aircraft continuing airworthiness
● h) The qualification of all personnel involved in continuing airworthiness management shall be recorded
● i) For organisations extending airworthiness review certificates in accordance with points M.A.711(a)4 and
M.A.901(f), the organisation shall nominate persons authorised to do so, subject to approval by the competent
authority
● j) The organisation shall define and keep updated in the continuing airworthiness management exposition the
title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i)
● k) For all large aircraft and for aircraft used for commercial air transport the organisation shall establish and
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and/or quality audits in accordance with a procedure and to a standard agreed by the competent authority.
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Part M Section A - subpart G – Continuing Airworthiness
Management
Organisation
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Part M Section A - subpart G – Continuing Airworthiness
Management
Organisation
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Part M Section A - subpart G – Continuing Airworthiness
Management
● Each Part-M approved organisation is subjected to the controls by theOrganisation
competent authority. Every 2 years a complete audit is performed by the
authority in order to verify the compliance of the organization with this Part
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Part M Section A - subpart H – Certificate of Release to
Service CRS
Part M Section A -
subpart H
– Certificate of Release
to Service CRS
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Part M Section A - subpart I – Airworthiness Review
Certificate
Part M Section A - subpart I –
Airworthiness Review Certificate
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Chapter 10.7
NATIONAL
REGULATIONS
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Federal office of civil aviation (FOCA) - Bundesamt Für
Zivilluftfahrt
The Federal Office of (BAZL)
Civil Aviation (FOCA) is
the Swiss National
Aviation Authority, a
Swiss government
organisation and is part
of the Federal
Department of
Environment,
Transport, Energy and
Communications
(DETEC).
It is responsible for
ensuring that civil
aviation in Switzerland
has a high safety
standard and that it is in
keeping with sustainable
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Federal office of civil aviation (FOCA) - Bundesamt Für
Zivilluftfahrt
(BAZL)
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Module 10 Aviation legislation
Introduction
● Switzerland, which was founding member of Joint Aviation Authority (JAA),
is an EASA member country, also if it is not European Union (EU) member.
● The Federal Office of Civil Aviation (FOCA) is responsible for aviation
development and the supervision of civil aviation activities in Switzerland.
The FOCA is part of the Federal Department of the Environment, Transport,
Energy and Communications (DETEC) and is charged with ensuring that the
high safety standards in civil aviation in Switzerland are maintained, and
with pursuing a policy of sustainable development.
● The FOCA aims to ensure the safe and best possible and environmentally
friendly use of the infrastructure, which includes airspace, air traffic
control and aerodromes.
● The FOCA also supervises aviation companies to which it issues an
operating license
based on a technical, operational and financial evaluation.
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Introductio
n
The FOCA issues the advisory and guidance material and explanatory and
instruction publications on procedure, as:
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Introductio
n
The classification of TCs to date is to be simplified following a decision by the DETEC
Appeals
Committee as:
1. Instructions (TC-I)
2. Directives (TC-D)
3. Communications (TC-C)
4. Information (TC-INFO).
TC-Ds are recommendations or explanations and are therefore not legally binding. They set
out – in the sense of 'acceptable means of compliance' or 'interpretative and explanatory
material‘.
TC-Cs consist of information of a general nature and do not usually have a direct bearing on
airworthiness, e.g. on the organization and procedures in technical supervision by the FOCA.
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Air navigation
ordinance
● Swiss government aircraft are considered to be military aircraft, the customs and cantonal
or federal police or those that the Federal Council has expressly designated as such.
● Aircraft without passengers’ restrictions:
1. The operation of airplanes with occupants, whose wing loading is less than 20 kg/m2 is
prohibited.
2. The FOCA may grant individual permissions for test flights and other special cases.
● Registration marking may be rejected when the aircraft does not respond in a clear way to
the suitable Swiss flight attitude requirements, nor to disposals on environment
protection
● Registration of an aircraft must be requested by the aircraft owner
● Registration must contain, at least, the following data:
3. a. Registration date
4. b. Registration marking
5. c. Manufacturer
6. d. Aircraft type
7. e. Organization serial production number
8. f. Name and address of the user.
● The FOCA brings to the aircraft owner a certificate confirming the registration.
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Aircraft maintenance personnel licenses and authorizations
ordinance
Aircraft maintenance personnel licenses and authorizations ordinance (Luftrecht Schweiz SR 748 - 748.127.2 -
Verordnung Luftfahrzeug-Instandhaltepersonal, VLIp)
● VLIp ordinance treats the aircraft maintenance personnel licenses and authorizations topic. VLIp current
ordinance (issue 01/08/2008) is divided in the following chapters and sections:
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Aircraft maintenance organization approvals
ordinance
Aircraft maintenance organization approvals ordinance (Luftrecht Schweiz SR 748 -
748.127.4 - Verordnung Luftfahrzeug-Instandhaltungsbetriebe, VLIb)
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Aircraft maintenance organization approvals
ordinance
Inspection of maintenance organization and maintenance license
Art. 15 Maintenance organization examination
● 1. The FOCA, after receiving and checking the documentation referred to in art.8, make an
inspection of the maintenance in the presence of a representative of the latter
● 2. The date of the inspection is scheduled by the FOCA
● 3. The FOCA may call on external experts for inspection
● 4. The results of the inspection shall be recorded and communicated to the applicant.
● 5. If the inspection shows that not all the conditions for the issuance of a license
maintenance, the FOCA shall notify the applicant of the additional measures
● 6. If the applicant fails to take the necessary measures within the time limit, the inspection
is
considered not exceeded.
Art. 16 Maintenance license
● 1. If all conditions are met, the FOCA issue the maintenance license, as set out on the field
or fields of activities permitted in accordance with the maintenance organization exposition
● 2. The maintenance license has unlimited duration.
● 3. The FOCA performs an inspection at least every 24 months for each organization
according to art.15 in order to verify compliance with the current requirements.
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Aircraft design and production organization approval
ordinance
Aircraft design and production organization approval ordinance (Luftrecht
Schweiz SR 748 - 748.127.5 - Verordnung Luftfahrzeug-Herstellerbetriebe, VLHb)
● VLHb ordinance treats about the aircraft design and production organization
approval.
● VLHb current ordinance (issue 01/08/2008) is divided in the following chapters:
1. Chapter 1: General
2. Chapter 2: Aircraft design and production organization
3. Chapter 3: Other regulations, directives and communications
4. Chapter 4: Final provisions
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Aircraft design and production organization approval
ordinance
In the present regulation:
● a. Design and production documentation: workshop drawings, parts list,
description of the processes for constructing products in accordance with the
type, inspection reports, likewise technical communications and decisions
from the FOCA
● b. Products: aircraft, engines, propellers, aircraft parts and equipments
● c. Workshop certificate: acknowledgment that the product is accordant with
design and production documentation.
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Aircraft airworthiness
ordinance
Aircraft airworthiness ordinance (Luftrecht Schweiz SR 748 - 748.215.1 -
Verordnung Lufttüchtigkeit von Luftfahrzeugen, VLL)
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Aircraft airworthiness
ordinance
Art. 25 Maintenance principles:
a. Maintenance plans (Maintenance Review Board Reports/Documents) expected from the
type certificate and declared valid by the FOCA
b. Operating limits assigned or recommended by the owner of the type certificate. In the single
case, the FOCA may assign exceptions and tolerances to operating limits (technical
communications, art. 50)
c. Maintenance programs, work instructions, control sheets and repair instructions worked out
by the owner of the type certificate; in the single case, the FOCA may assign exceptions and
tolerances compared to what determined in the maintenance programs (Technical
communications, art. 50)
d. Orders on airworthiness and other instructions issued by the FOCA
e. Maintenance programs of air navigation industries approved by the FOCA.
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Aircraft examination
ordinance
Aircraft examination ordinance (Luftrecht Schweiz SR 748 - 748.215.2 -
Verordnung
Prüfung von Luftfahrzeugen - VPL)
● This ordinance treats the aircraft examination topic. VPL current ordinance
(issue 01/08/2008) is divided in the following chapters:
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Aircraft emissions
ordinance
Aircraft emissions ordinance (Luftrecht Schweiz SR 748 - 748.215.3 - Verordnung
Emissionen von Luftfahrzeugen, VEL)
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Aircraft emissions
ordinance
Art. 3 Ecolight category aircraft
● By derogation from section 10, paragraph 10.4 of Annex 16, Volume I of the Chicago
Convention, the noise level of airplanes in the category ecolight cannot exceed 65 dB (A)
● The power of its engines, as measured on the engine actually installed on the aircraft
concerned (installed capacity, power axis), must not exceed 90 kW (121 PS) under
International Standard Atmosphere (International Standard Atmosphere, ISA)
● The aircraft of the category ecolight equipped with internal combustion engines must be
able to work with unleaded fuel, according to Annex 5 of the Ordinance of 16 December
1985 against air pollution.
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Aircraft registration
ordinance
Art. 8 Affixing the registration on balloons
Art. 9 Affixing the registration on other
aircraft Art. 10 Special cases
Art 11
1. All aircraft except gliders will be equipped with a plate of identification
2. The identification plate shall be of a material whose melting point is higher than 1300°C
3. The identification plate must be visible and set near the entrance or in the tail of a fixed part
of the aircraft.
4. On the balloons, the plate is fixed to the basket.
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Thank you for your
attention.
Pa
g.